The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011

Regulation 2

SCHEDULE 1 N.I.

Part 1 Repeals and Revocations N.I.

Commencement Information

I1 Sch. 1 Pt. 1 in operation at 1.11.2011, see reg. 1

Statutory provision revoked	Reference	Extent of repeal or revocation
The Weights and Measures (Northern Ireland) Order 1981	S.I. 1981/231 (N.I. 10)	Articles 30 to 38. Article 46(2) and (5). Article 47(3). Article 48(4). Schedules 8 and 9.
The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 1990	S.R. 1990 No.410	The whole Regulations
The Weights and Measures (Packaged Goods) (Amendment) Regulations (Northern Ireland) 1992	S.R. 1992 No.485	The whole regulations
The Weights and Measures (Packaged Goods) (Amendment) Regulations (Northern Ireland) 1994	S.R. 1994 No.321	The whole regulations
The Weights and Measures (Packaged Goods) and Quantity Marking and Abbreviations of Units (Amendment) Regulations (Northern Ireland) 1995	S.R. 1995 No.229	Part II of the Schedule in so far as it amends the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 1990

Part 2—Minor and Consequential Amendments N.I.

The Weights and Measures (Northern Ireland) Order 1981 N.I.

1.  The 1981 Order is amended as follows. N.I.

Commencement Information

I2 Sch. 1 para. 1 in operation at 1.11.2011, see reg. 1

2.  In Article 2(2) after the definition of “occupier”, insert— N.I.

“packaged goods regulations” means the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011;”

Commencement Information

I3 Sch. 1 para. 2 in operation at 1.11.2011, see reg. 1

3.  After Article 20(5), add— N.I.

“(6) For the purposes of this Article the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread.”

Commencement Information

I4 Sch. 1 para. 3 in operation at 1.11.2011, see reg. 1

4.  After Article 22(9), add— N.I.

“(10) For the purposes of this Article the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread.”

Commencement Information

I5 Sch. 1 para. 4 in operation at 1.11.2011, see reg. 1

5.  In Article 40(1) after the words “this Order or any enactment falling to be repealed by it” and after the words “under this Order or any such enactment”, insert “and the packaged goods regulations”. N.I.

Commencement Information

I6 Sch. 1 para. 5 in operation at 1.11.2011, see reg. 1

6.  In Article 42(1)(a) and (c), after the words “this Order or any instrument made under it”, insert “or the packaged goods regulations”. N.I.

Commencement Information

I7 Sch. 1 para. 6 in operation at 1.11.2011, see reg. 1

7.  In Article 44 after “this Order” insert “or any provision of the packaged goods regulations”. N.I.

Commencement Information

I8 Sch. 1 para. 7 in operation at 1.11.2011, see reg. 1

8.  In Articles 45(1)(a) and 45(1A)(b), after the words “this Order or of any instrument made under it”, insert “or the packaged goods regulations”. N.I.

Commencement Information

I9 Sch. 1 para. 8 in operation at 1.11.2011, see reg. 1

9.  In Article 46(1) omit the words “other than an offence under Articles 32, 34, 35(3) and 36.” N.I.

Commencement Information

I10 Sch. 1 para. 9 in operation at 1.11.2011, see reg. 1

10.  In Article 47(5), omit the words “or Article 36”. N.I.

Commencement Information

I11 Sch. 1 para. 10 in operation at 1.11.2011, see reg. 1

Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 1989, S.R. 1989 No.69 N.I.

11.  In Article 6(4), omit the words from “or, in the case of a container” to “indication of quantity by net weight”. N.I.

Commencement Information

I12 Sch. 1 para. 11 in operation at 1.11.2011, see reg. 1

Capacity Serving Measures (Intoxicating Liquor) Regulations (Northern Ireland) 1993, S.R. 1993 No.441 N.I.

12.  Regulation 3(2) is revoked. N.I.

Commencement Information

I13 Sch. 1 para. 12 in operation at 1.11.2011, see reg. 1

Measuring Equipment (Capacity Measures) Regulations (Northern Ireland) 1998, S.R. 1998 No.48 N.I.

13.  Regulation 3(1)(b) is revoked. N.I.

Commencement Information

I14 Sch. 1 para. 13 in operation at 1.11.2011, see reg. 1

Weights and Measures (Quantity Marking and Abbreviations of Units) Regulations (Northern Ireland) 1999 S.R.1999 No. 84 N.I.

14.  In regulation 2(1)(a), omit the words “or Article 30(1A) or 31 (5) or (5A)”. N.I.

Commencement Information

I15 Sch. 1 para. 14 in operation at 1.11.2011, see reg. 1

The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005, S.R. 2005 No.27 N.I.

15.  Regulation 3(3) is revoked. N.I.

Commencement Information

I16 Sch. 1 para. 15 in operation at 1.11.2011, see reg. 1

The Weighing Equipment (Non-Automatic Weighing Machines) Regulations (Northern Ireland) 2006, S.R. 2006 No.5 N.I.

16.  Regulation 3(2) paragraphs (f) and (g) are revoked. N.I.

Commencement Information

I17 Sch. 1 para. 16 in operation at 1.11.2011, see reg. 1

Criminal Justice and Police Act 2001 (2001 c. 16) N.I.

F1 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F1 Sch. 1 paras. 17-20 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(m); S.I. 2015/1630, art. 3(i) (with art. 8)

F1 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F1 Sch. 1 paras. 17-20 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(m); S.I. 2015/1630, art. 3(i) (with art. 8)

F1 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F1 Sch. 1 paras. 17-20 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(m); S.I. 2015/1630, art. 3(i) (with art. 8)

F1 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F1 Sch. 1 paras. 17-20 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(m); S.I. 2015/1630, art. 3(i) (with art. 8)

Regulation 2

SCHEDULE 2 N.I. The reference test

Commencement Information

I18 Sch. 2 in operation at 1.11.2011, see reg. 1

This Schedule lays down the procedures of the reference test for statistical checking of batches of packages in order to meet the requirements of regulation 4(1)(a) and (b).

• 1. REQUIREMENTS FOR MEASURING THE ACTUAL CONTENTS OF PACKAGES

  1.1

  The actual contents of packages may be measured directly by means of weighing instruments or volumetric instruments or, in the case of liquids, indirectly, by weighing the packed product and measuring its density.

  1.2

  In all operations for checking quantities of products expressed in units of volume, the value employed for the actual contents shall be measured at or corrected to a temperature of 200C, whatever the temperature at which packaging or checking is carried out. However this rule shall not apply to deep frozen or frozen products the quantity of which is expressed in units of volume.

  1.3

  Irrespective of the method used, the error made in measuring the actual contents of a package shall not exceed one-fifth of the tolerable negative error for the nominal quantity in the package.

• 2. REQUIREMENTS FOR CHECKING BATCHES OF PACKAGES

  2.1

  The checking of packages shall be carried out by sampling and shall be in two parts:

  2.1.1

  a check covering the actual contents of each package in the sample,

  2.1.1

  another check on the average of the actual contents of the packages in the sample.

  2.2

  A batch of packages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria.

  2.3

  For each of these checks, there are three sampling plans:

  (a)

  a single sampling plan for non-destructive testing, i.e. testing which does not involve opening the package,

  (b)

  a double sampling plan for non-destructive testing, and

  (c)

  a single sampling plan for destructive testing, i.e., testing which involves opening or destroying the package.

  2.4

  For economic and practical reasons, the third test shall be limited to the absolutely essential minimum; it is less effective than the non-destructive tests. Destructive testing shall therefore be used only when non-destructive testing is impracticable. As a general rule it shall not be applied to batches of fewer than 100 units.

  Package batches

  2.5

  The batch shall comprise all the packages of the same nominal quantity, the same type and the same production run, packed in the same place, which are to be inspected. The batch size shall be limited to the amounts laid down below.

  2.6

  When packages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size.

  2.7

  In other cases the batch size shall be limited to 10,000.

  2.8

  For batches of fewer than 100 packages, the non-destructive test, where carried out, shall be 100%.

  2.9

  Before the tests in paragraphs 3 and 4 are carried out, a sufficient number of packages shall be drawn at random from the batch so that the check requiring the larger sample can be carried out. For the other check, the necessary sample shall be drawn at random from the first sample and marked.

  2.10

  This marking operation shall be completed before the start of measuring operations.

• 3. CHECKING OF THE ACTUAL CONTENTS OF A PACKAGE

  3.1

  The minimum acceptable contents shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal quantity of the package.

  3.2

  Packages in the batch whose actual contents are less than the minimum acceptable contents shall be considered defective.

  Single sampling plan for non-destructive testing.

  3.3

  The number of packages checked shall be equal to the number in the sample, as indicated in the table below.

  3.4

  If the number of defective packages found in the sample is less than or equal to the acceptance criterion indicated in that table, the group shall be considered as acceptable for the purpose of the check..

  3.5

  If the number of defective packages found in the sample is equal to or greater than the rejection criterion there indicated, the group shall be rejected.

    

  3.6

  For a batch of fewer than 100 packages the batch shall be considered acceptable for the purposes of the check if the number of defective packages does not exceed 5%.

  Double sampling plan for non-destructive testing

  3.7

  Non-destructive testing shall be carried out in accordance with a double sampling plan as shown in the table below.

  3.8

  The first number of packages checked shall be equal to the number of units in the first sample, as indicated in the plan.

  3.9

  If the number of defective units found in the first sample is less than or equal to the first acceptance criterion, the batch shall be considered acceptable for the purpose of this check.

  3.10

  If the number of defective units found in the first sample is equal to or greater than the first rejection criterion, the batch shall be rejected.

  3.11

  If the number of defective units found in the first sample lies between the first acceptance criterion and the first rejection criterion, a second sample shall be checked, the number of units in which is indicated in the plan. The defective units found in the first and second samples shall be added together and:

  3.11.1

  if the aggregate number of defective units is less than or equal to the second acceptance criterion, the batch shall be considered acceptable for the purpose of this check,

  3.11.2

  if the aggregate number of defective units is greater than or equal to the second rejection criterion, the batch shall be rejected.

    

  Single sampling plan for destructive testing

  3.12

  Destructive testing shall be carried out in accordance with the single sampling plan below and shall be used only for batches of 100 or more.

  3.13

  The number of packages checked shall be equal to 20.

  3.14

  If the number of defective units found in the sample is less than or equal to the acceptance criterion, the batch of packages shall be considered as acceptable.

  3.15

  If the number of defective units found in the sample is equal to or greater than the rejection criterion, the batch of packages shall be rejected.

    

• 4. CHECKING OF AVERAGE ACTUAL VOLUME OF THE CONTENTS OF THE INDIVIDUAL PACKAGES MAKING UP A BATCH

  4.1

  A batch of packages shall be considered acceptable for the purpose of this check if the mean value of the actual quantity of the contents of the packages in the sample is greater than the value:

    

  4.2

  In this formula:

    

  4.3

  If χi is the measured value for the actual contents of the i-th item in a sample containing n items, then:

  The mean of the measured values for the sample is obtained by the following calculation:

    

  4.4

  and the estimated value of the standard deviation s is obtained by the following calculation:

  • the sum of the squares of the measured values:

  • the square of the sum of the measured values:

  then

  • the corrected sum

  • the estimated variance:

  the estimated value of the standard deviation is:

  Criteria for acceptance or rejection of the batch of packages for checking the mean

  4.5

  Criteria for non-destructive testing:

    

  4.6

  Criteria for destructive testing:

    

  4.7

  For batches of fewer than 100 packages, the average of the measured values of the actual contents shall be determined by application of the formula in paragraph 4.3 where n equals the number of packages in the batch. If the average is equal to or greater than the nominal quantity of the packages in the batch, the batch shall be considered as acceptable for the purposes of the check.

Regulation 2

SCHEDULE 3 N.I. Tolerable negative error

Commencement Information

I19 Sch. 3 in operation at 1.11.2011, see reg. 1

In calculating the amount of a tolerable negative error in a case where the error is to be calculated as a percentage of the nominal quantity, the amount shall be rounded up to the nearest one-tenth of a gram or millilitre.

Regulation 2

SCHEDULE 4 N.I. The E-Mark

Commencement Information

I20 Sch. 4 in operation at 1.11.2011, see reg. 1

The figures marked on the E-mark below show its relative dimensions as a proportion of its width.

Regulation 3(3)

SCHEDULE 5 N.I. Application to bread

1.  References to the packer shall be treated as referring to the person who made the bread, or in the case of bread supplied to a retailer part-baked, completed the baking. N.I.

Commencement Information

I21 Sch. 5 para. 1 in operation at 1.11.2011, see reg. 1

2.  References to the making up or the packing of a package shall be treated as referring to the making up for sale of the loaf of bread. N.I.

Commencement Information

I22 Sch. 5 para. 2 in operation at 1.11.2011, see reg. 1

3.  References to the nominal quantity of a package shall be treated as references to the predetermined constant quantity to which the loaf of bread has been made up, including (where applicable) any additional quantity which has been marked on the packaging. N.I.

Commencement Information

I23 Sch. 5 para. 3 in operation at 1.11.2011, see reg. 1

4.  In their application to bread which is sold unwrapped— N.I.

(a) references to a package and references to what a package contains shall be treated as referring to the loaf of bread; and

(b) references to the contents of a package shall be treated as referring to the quantity of bread in the loaf.

Commencement Information

I24 Sch. 5 para. 4 in operation at 1.11.2011, see reg. 1

F2 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F2 Sch. 5 para. 5 omitted (31.12.2020) by virtue of The Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/202), reg. 1(2), Sch. 2 para. 13(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

6.  The following provisions of regulations 5 and 6 shall not apply to bread sold in open packets — N.I.

(a) in regulation 5, paragraphs (1)(a), (2), (3), and (4); and

(b) in regulation 6, paragraphs (1)(a) and (b), (2), (3) and (4).

Commencement Information

I25 Sch. 5 para. 6 in operation at 1.11.2011, see reg. 1

7.  Regulations 5 and 6 shall not apply to bread which is sold unwrapped. N.I.

Commencement Information

I26 Sch. 5 para. 7 in operation at 1.11.2011, see reg. 1

[F3 8.   Regulation 8 does not apply.] N.I.

Textual Amendments

F3 Sch. 5 para. 8 substituted (31.12.2020) by The Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/202), reg. 1(2), Sch. 2 para. 13(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F4 9.   Regulation 9(1)(b)(ii) (duty to keep records) does not apply to bread which is sold unwrapped or in open packets.] N.I.

Textual Amendments

F4 Sch. 5 para. 9 substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 78(6), 100(5) (with s. 78(8)); S.I. 2015/1630, art. 3(e)

10.  In Regulation 19(1), for the words “which was not marked on the packages when they were in his possession” there shall be substituted— N.I.

“which was not the nominal quantity to which the bread was made up.”

Commencement Information

I27 Sch. 5 para. 10 in operation at 1.11.2011, see reg. 1

11.  Where bread is not made up by means of a continuous process, for paragraphs 2.5 to 2.7 of Schedule 2 there shall be substituted— N.I.

“2.5 The batch shall comprise all the loaves of bread of the same nominal quantity and type, which have been baked in the same bakery, and which are available to be inspected.

2.6 Where it is reasonably practicable to do so, the batch shall be comprised of bread baked in the same oven at the same time.

2.7 The batch size shall be subject to a maximum of 10,000 in number.”

Commencement Information

I28 Sch. 5 para. 11 in operation at 1.11.2011, see reg. 1

12.  In Schedule 7— N.I.

(a) paragraph 5 shall not apply; and

(b) in paragraph 7, for the words “, 1(f) or 5” there shall be substituted “or 1(f)”.

Commencement Information

I29 Sch. 5 para. 12 in operation at 1.11.2011, see reg. 1

13.  Where bread is supplied part-baked to a retailer who completes the baking in the premises from which the bread is sold, then the retailer may by giving written notice to the Department choose not to have the bread treated as a package under these Regulations. N.I.

Commencement Information

I30 Sch. 5 para. 13 in operation at 1.11.2011, see reg. 1

[F5 Transitional provision N.I.

14— (1) Regulation 9(1)(b)(ii) (duty to keep records) does not apply to a packer who holds a notice of exemption which is in force.

(2) A “notice of exemption” means a notice issued under paragraph 9 as it stood before section 78 of the Consumer Rights Act 2015 came into force.]

Textual Amendments

F5 Sch. 5 para. 14 inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 78(7), 100(5) (with s. 78(8)); S.I. 2015/1630, art. 3(e)

Regulation 3(4)(g)

F6 SCHEDULE 6 N.I. Products referred to in regulation 3(4)(g) to which the Regulations do not apply where the predetermined constant quantity is less than that shown

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 6 omitted (18.4.2016) by virtue of The Weights and Measures (Food) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/187), regs. 1, 38

Regulation 10(5)

F7 SCHEDULE 7 N.I. Powers of inspectors and the Department

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 7 omitted (1.10.2015) by virtue of The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 2 para. 128 (with art. 8)